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and technology? >> it's a good question, and it's one that comes up all the time. and i think the important thing to recognize is, you know, people -- when the airplane came along, okay, the framers had no idea there would be air travel like that. probably except for jefferson. [laughter] but he wasn't around when they were writing the constitution. so does that mean that the commerce clause doesn't apply to air travel? of course not. the principles that the framers meant to establish in the commerce clause certainly can readily be applied to evolving commerce. the court doesn't always get this right. i mean, for example, when wiretaps first came up, you know, when the framers wrote the fourth amendment about searches and seizures, they didn't envisions wiretaps, and the first decision was, well, the fourth amendment momentum apply o this. but it became pretty clear pretty quickly that allowing people to intercept private conversations constituted the same sort of search and seizure of material that the framers want to protect. so you try to find, at least i do -- different judges approach these
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